Right to Rent 2021: Key Changes Landlords Need to Know

It’s been a challenging 18 months for letting agents and landlords across the UK, with the start of Brexit and the unexpected arrival of a pandemic adding a number issues that needed to be addressed. During this time there have been several changes to lettings legislation, with Right to Rent being the most recent. Below we explain the key changes landlords need to know to ensure you comply with the latest updates.

How has Right to Rent changed since Brexit?

Right to Rent laws changed on July 1st, 2021. Now, EU, EEA (European Economic Area) nationals and Swiss nationals do not have unlimited Right to Rent. This means landlords have to check their eligibility before allowing them to rent a property.

How do I check EU, EEA and Swiss nationals have the Right to Rent?

If you already have tenants that are EU, EEA or Swiss nationals, as long as they entered into a tenancy agreement on or before 30th June 2021 you do not need to carry out a retrospective check.

How do I make a Right to Rent check?

If you do receive enquiries from prospective tenants that are EU, EEA or Swiss nationals, there are two ways you can carry out a Right to Rent check.

  • Manual Right to Rent check: The tenant needs to supply original documents that will confirm their identity and Right to Rent in the UK. Documents eligible for ID verification include passports, birth certificates or driving licences. Alternatively, they could supply a residence card, visa or and/or immigration status if they are time-limited. Use this Home Office user guide to get a full list of documents that can be used.
  • Online Right to Rent check: The Home Office online checking service enables you to set up a video call to check a prospective tenant’s immigration status. As long as the tenant has a permit (BRC/P) or valid biometric residence card, has pre-settled or settled status under the EU Settlement Scheme (EUSS), or they own an eVisa, you can use this service. You will also need the prospective tenant’s ‘share code’ and date of birth. There is no cost for using this service and no physical documents needed to be checked.

Many landlords in North West London choose to let their property with Regal Estates because we take care of the Right to Rent checks as part of our lettings services, so you can rest assured that they are conducted properly. Contact us today for more details on how we can help you let your property successfully.

What if the prospective tenant has an outstanding EUSS application?

If the tenant submitted their EUSS application before 30th June 2021 but have not received a decision, as long as they are either EU, EEA or Swiss citizens they have a right to rent until there is an outcome to their application, including appeals.

Letting agents and landlords must request a Right to Rent check via the Home Office Landlord Checking Service. You can find the form to do so here.

What if the prospective tenant has an existing immigration application or appeal?

In this scenario the Home Office will run a free Right to Rent check for you. For prospective tenants that have a time-limited stay in the UK there are some follow-up checks that need to be carried out. This should be done before their permission to live in the UK has expired, or 12 months since your last check. If you find that your tenant no longer has the right to rent you must inform the Home Office.

Landlords in North West London

At Regal Estates, we understand that keeping up to date with all the latest lettings legislation can be tough, which is why all our letting services include Right to Rent checks. For more details on Right to Rent checks or our letting services across North West London, get in touch with our expert team today on 020 8459 2530 or email lettings@regalestate.co.uk.